Cogan v. Frisby
Mississippi Supreme Court
Ekrob, to the Circuit Court of Jefferson county. Hon. Stan-hope Posey, judge. Contended, that the court erred in refusing to grant a new trial, for the following reasons. 1. That the court below erred in ruling out the record of the deed of gift, from A. B. Sims to Martha Jane Sims. Hutch.
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Ekrob, to the Circuit Court of Jefferson county. Hon. Stan-hope Posey, judge. Contended, that the court erred in refusing to grant a new trial, for the following reasons. 1. That the court below erred in ruling out the record of the deed of gift, from A. B. Sims to Martha Jane Sims. Hutch. Code, 606, 607, §§ 8, 9; lb. 869, art. 11; 871, art. 16. 2. That in every sale by an administrator, there is an implied covenant that he has authority to sell, and if there was no title in the intestate, the purchaser is entitled to relief, whether the administrator acted in fraud, or only under mistake.…
1Opinion of the CourtHandy, J.
This action was brought upon a writing obligatory, executed by the plaintiff in error, for the consideration of a slave sold by the defendant in error, as administrator of Thomas H. Erisby, deceased, under an order of the Probate Court, and purchased by Cogan, the plaintiff in error.
In behalf of the defendants in the court below, it was shown that the slave sold had been the property of one Sims; and for the purpose of showing that the slave was not the property of the plaintiff’s intestate, Thomas H. Erisby, the defendants offered in evidence a deed of gift executed by Sims on the 6th April,…
2Cases cited2 opinions
- George v. BeanMississippi Supreme Court · 1855
- Johnson v. NationsMississippi Supreme Court · 1853
3Cited by4 opinions
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